Wisconsin 2023-2024 Regular Session

Wisconsin Senate Bill SB685 Compare Versions

Only one version of the bill is available at this time.

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3	3	2023 - 2024 LEGISLATURE
4	4	2023 SENATE BILL 685
5	5	November 15, 2023 - Introduced by Senator CABRAL-GUEVARA, cosponsored by
6	6	Representatives TUSLER, MAXEY, ARMSTRONG, DITTRICH, DONOVAN, KITCHENS,
7	7	MICHALSKI, MURPHY, O'CONNOR, RETTINGER, ROZAR, SCHRAA and STEFFEN.
8	8	Referred to Committee on Shared Revenue, Elections and Consumer
9	9	Protection.
10	10	AN ACT to repeal 5.85 (5), 5.86 and 7.03 (1) (c); to renumber and amend 7.52
11	11	(1) (a); to amend 5.05 (12), 5.056, 5.84 (1), 5.84 (2), 5.85 (1), 5.87 (1), 5.91 (17),
12	12	6.15 (4) (a), 6.15 (4) (b), 6.29 (2) (am), 6.55 (2) (cs), 6.56 (3m), 6.79 (2) (dm), 6.86
13	13	(1) (b), 6.87 (6), 6.88 (1), 6.88 (2), 7.15 (1) (cm), 7.37 (12), 7.51 (1), 7.52 (2), 7.52
14	14	(3) (a), 7.52 (4) (a), 7.52 (9) and 54.25 (2) (c) 1. g.; and to create 5.05 (5g), 5.057,
15	15	6.88 (4), 7.15 (16), 7.52 (1) (d) to (h), 7.52 (10), 7.52 (11), 66.0512 and 756.04 (11)
16	16	(am) of the statutes; relating to: transmitting and canvassing absentee
17	17	ballots, use of central counting locations, election night reporting,
18	18	whistleblower protection for municipal clerks, notifications and verifications
19	19	concerning citizenship status, court determinations of incompetency and
20	20	ineligibility to vote, and providing a penalty.
21	21	Analysis by the Legislative Reference Bureau
22	22	EARLY CANVASSING OF ABSENTEE BALLOTS
23	23	Under current law, absentee ballots may not be canvassed until election day.
24	24	Current law additionally provides that any municipality may provide by ordinance
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37	37	SENATE BILL 685
38	38	that, in lieu of canvassing absentee ballots at polling places, a municipal board of
39	39	absentee ballot canvassers established by the municipality is responsible for
40	40	canvassing all absentee ballots received by the municipal clerk by 8 p.m. on election
41	41	day. In such a municipality, the board of absentee ballot canvassers is required to
42	42	convene a meeting any time after the polls open and before 10 p.m. on election day
43	43	to canvass the absentee ballots cast in the municipality in the election. Among the
44	44	requirements governing such a meeting, any member of the public has the same right
45	45	of access to the meeting that the individual would have to observe the canvassing of
46	46	absentee ballots at a polling place.
47	47	This bill does all of the following:
48	48	1. Requires the municipal board of absentee ballot canvassers in a municipality
49	49	having an ordinance described above to begin canvassing absentee ballots on the day
50	50	before an election. Canvassing absentee ballots on the day before the election is
51	51	optional except for each spring and general election and each special election or recall
52	52	election if the special or recall election is for a state or national office.
53	53	2. Provides that the board of absentee ballot canvassers must publicly convene
54	54	at 7 a.m. on the day before the election to begin the canvass of absentee ballots for
55	55	the municipality and recess at 8 p.m. on that day.
56	56	3. Requires that at 7 a.m., noon, and 8 p.m. on the day before the election, and
57	57	at 7 a.m., noon, and 8 p.m. on election day, the municipal clerk or his or her designee
58	58	or the municipal board of election inspectors must provide to the county clerk or
59	59	county board of election inspectors of the county in which the municipality is located
60	60	a statement that shows the total number of absentee ballots returned to the
61	61	municipality and the total number of absentee ballots the municipal board of
62	62	absentee ballot canvassers has canvassed. The county clerk or county board of
63	63	election inspectors must promptly post each statement on the website on which
64	64	returns for the county are posted on election night. In a municipality having a
65	65	municipal board of election commissioners (currently, only the city of Milwaukee),
66	66	the municipal board of election commissioners must also post the statement on the
67	67	website maintained by the municipal board of election commissioners. The
68	68	statement may not include the names or addresses of any electors. An absentee
69	69	ballot is considered canvassed for purposes of this reporting requirement only after
70	70	all tasks have been completed in the canvassing process except for the tallying of
71	71	votes.
72	72	4. Requires that when the meeting of the board of absentee ballot canvassers
73	73	recesses on the day before the election, the board must secure the automatic
74	74	tabulating equipment, and the areas where the programmed media, memory
75	75	devices, and absentee ballots are housed, with tamper-evident security seals in a
76	76	double-lock location such as a locked cabinet inside a locked office. Before resuming
77	77	the canvassing of absentee ballots, the board must check and record the status of
78	78	each tamper-evident seal and must immediately notify the Elections Commission
79	79	of any evidence of tampering. If the board discovers evidence of tampering with
80	80	respect to automatic tabulating equipment, the canvass may not resume until the
81	81	equipment is replaced and the replacement equipment is tested. Also, if the board
82	82	discovers evidence of tampering, the Elections Commission must verify the accuracy - 3 -2023 - 2024 Legislature
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85	85	SENATE BILL 685
86	86	of the absentee ballot count by ordering the municipality to conduct a recount after
87	87	the election and conducting an audit of the election equipment.
88	88	5. Provides that votes on absentee ballots canvassed early under the bill may
89	89	not be tallied until after the polls close on election day.
90	90	6. Provides that no person may act in a manner that would give him or her the
91	91	ability to know or to provide information on the tallied results from the ballots
92	92	canvassed under the bill before the polls close on election day. Whoever intentionally
93	93	violates that prohibition is guilty of a Class I felony, the penalty for which is a fine
94	94	not to exceed $10,000 or imprisonment not to exceed three years and six months, or
95	95	both.
96	96	7. Authorizes municipalities not having a board of absentee ballot canvassers
97	97	to begin processing absentee ballots beginning at 7 a.m. on the day before the election
98	98	subject to some of the requirements described above. In order to canvass absentee
99	99	ballots early, such a municipality must provide by ordinance that absentee ballots
100	100	received by the municipal clerk may be canvassed on the day before the election.
101	101	Prior to enacting the ordinance, the municipal clerk must notify the Elections
102	102	Commission in writing of the proposed ordinance and must consult with the
103	103	Elections Commission concerning the early canvassing of absentee ballots.
104	104	Finally, under current law, criminal penalties are provided for election officials
105	105	who commit certain specified kinds of election fraud. Otherwise, the willful neglect
106	106	or refusal of an election official to perform a duty prescribed under the election laws
107	107	is punishable by disqualification to act as an election official for five years. Under
108	108	the bill, a member of the municipal board of absentee ballot canvassers or other
109	109	election official who willfully neglects or refuses to perform any of the duties
110	110	prescribed under the bill, and other duties prescribed under current law, with respect
111	111	to the canvassing of absentee ballots by a municipal board of absentee ballot
112	112	canvassers is guilty of a Class I felony.
113	113	USE OF CENTRAL COUNTING LOCATIONS
114	114	Under current law, votes are canvassed at the polling place after polls close on
115	115	election day, except that any municipality where an electronic voting system is used
116	116	may elect to adjourn the canvass to a central counting location where votes cast at
117	117	multiple polling places in the municipality may all be counted after the polls close
118	118	on election day. The bill eliminates the option for municipalities to use such central
119	119	counting locations.
120	120	ELECTION NIGHT REPORTING
121	121	Under the bill, at 9 p.m. on election night, and every hour thereafter until the
122	122	canvass is complete, each municipal clerk or his or her designee must provide to the
123	123	county clerk of the county in which the municipality is located a statement that
124	124	shows the total number of ballots, including absentee ballots, cast at the
125	125	municipality in the election, the total number of ballots, including absentee ballots,
126	126	that have been canvassed, and the total number of ballots, including absentee
127	127	ballots, that remain to be canvassed. The county clerk must promptly post each
128	128	statement on the website on which the county clerk posts returns on election night.
129	129	In a 1st class city, the city clerk or his or her designee must post the statement on the
130	130	city clerk's website. The statement may not include the names or addresses of any - 4 -2023 - 2024 Legislature LRB-4522/1
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132	132	SENATE BILL 685
133	133	electors. An absentee ballot may be considered canvassed for purposes of this
134	134	reporting requirement only after all tasks have been completed in the canvassing
135	135	process except for the tallying of votes.
136	136	TIMELINE FOR SENDING OR TRANSMITTING ABSENTEE BALLOTS
137	137	Current law requires a municipal clerk to send an absentee ballot for each
138	138	partisan primary, presidential preference primary, and general election to all
139	139	electors requesting the ballot, including military and overseas electors, no later than
140	140	the 47th day before the partisan primary, presidential preference primary, or general
141	141	election or, if the request is not made before that day, within one business day after
142	142	the request is received. For all other primaries and elections, the municipal clerk
143	143	must send or transmit the absentee ballot no later than the 21st day before the
144	144	primary or election or, if the request is not made before that day, within one business
145	145	day after the request is received.
146	146	Under the bill, a municipal clerk must send or transmit an absentee ballot for
147	147	all primaries and elections, regardless of the type of primary or election, to electors
148	148	other than military and overseas electors no later than the 21st day before the
149	149	primary or election or, if the request is not made before that day, within one business
150	150	day after the request is received. Under the bill, a municipal clerk must send or
151	151	transmit an absentee ballot for all primaries and elections, regardless of the type of
152	152	primary or election, to military and overseas electors no later than the 45th day
153	153	before the primary or election or, if the request is not made before that day, within
154	154	one business day after the request is received. That 45th day timeline is consistent
155	155	with federal law.
156	156	WHISTLEBLOWER PROTECTIONS
157	157	The bill provides whistleblower protection for municipal clerks who witness
158	158	and report election fraud or irregularities. Under the bill, no municipal clerk may
159	159	be discriminated against in regard to employment, including by being discharged,
160	160	disciplined, or demoted, as a reprisal because the clerk lawfully reported, or is
161	161	believed to have reported, witnessing what the clerk reasonably believed to be
162	162	election fraud or irregularities.
163	163	NOTIFICATIONS CONCERNING CERTAIN PROSPECTIVE JURORS
164	164	This bill requires each clerk of circuit court to notify, on the basis of the address
165	165	information used for mailing juror qualification forms, the appropriate county clerk
166	166	or board of election commissioners and the Elections Commission of any prospective
167	167	juror whose returned juror qualification form shows that the person does not qualify
168	168	for jury duty in that circuit because the person either is not a U.S. citizen or does not
169	169	live in the circuit for which he or she was called for jury duty. Unless a court orders
170	170	otherwise, notifications provided under the bill must be kept confidential and are not
171	171	subject to inspection and copying under state law.
172	172	Under the bill, if the Elections Commission receives a notification as provided
173	173	under the bill, the commission must examine the registration list to determine if any
174	174	prospective juror identified in the notification is registered to vote or has voted. If
175	175	the commission determines that a prospective juror who is registered to vote or has
176	176	voted does not have the necessary elector qualifications or does not satisfy the
177	177	residence requirements, the commission shall remove the person's name from the - 5 -2023 - 2024 Legislature
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180	180	SENATE BILL 685
181	181	registration list and send notice to the person and to the district attorney or attorney
182	182	general of the commission's action.
183	183	COURT DETERMINATIONS OF INCOMPETENCY AND INELIGIBILITY TO VOTE
184	184	Under current law, no person who is incapable of understanding the objective
185	185	of the elective process or who is under a guardianship may vote unless a court has
186	186	determined that the person is competent to vote. Current law also allows any voter
187	187	in a municipality to petition the circuit court to determine whether a person residing
188	188	in the municipality is incapable of understanding the objective of the elective
189	189	process. If the court determines that the person is incapable of such understanding,
190	190	the person is not eligible to register to vote or to vote. Current law requires the clerk
191	191	of the circuit court to communicate the court's determinations, in writing, to the
192	192	election officials who are responsible for determining challenges to registration and
193	193	voting that may be brought against the person.
194	194	This bill requires the circuit court, no later than one business day after the date
195	195	of a determination by the court, to notify the Elections Commission of the court's
196	196	determination regarding incompetency and ineligibility to vote. Under the bill,
197	197	when the commission receives a determination of incompetency and ineligibility to
198	198	vote, the commission must, within one business day, change the status of the voter
199	199	subject to the determination to inactive on the official voter registration list, note on
200	200	the list that the voter is ineligible to vote, and notify the voter's municipal clerk of
201	201	the voter's change in status. The bill also provides that if a court reviews a
202	202	determination of ineligibility to vote and restores the voter's right the vote, upon
203	203	receipt of that determination, the commission must, within one business day, change
204	204	the voter's status on the official voter registration list to active, note on the list that
205	205	the voter is eligible to vote, and notify the municipal clerk of the voter's change in
206	206	status.
207	207	VERIFICATIONS OF VOTER CITIZENSHIP STATUS
208	208	Current law requires the administrator of the Elections Commission to enter
209	209	into an agreement with the secretary of transportation to match personally
210	210	identifiable information on the official voter registration list with the information
211	211	maintained by the Department of Transportation. Under this bill, the agreement
212	212	with the secretary of transportation must also provide the commission access to
213	213	personally identifiable information maintained by DOT in order to verify that
214	214	individuals on the official registration list are U.S. citizens. In addition, the bill
215	215	requires the commission to conduct the verifications as soon as practicable after the
216	216	effective date of the bill and immediately whenever an individual registers to vote
217	217	or modifies his or her registration.
218	218	For further information see the state and local fiscal estimate, which will be
219	219	printed as an appendix to this bill.
220	220	The people of the state of Wisconsin, represented in senate and assembly, do
221	221	enact as follows: - 6 -2023 - 2024 Legislature LRB-4522/1
222	222	MPG/SWB/JK:cdc
223	223	SECTION 1 SENATE BILL 685
224	224	SECTION 1. 5.05 (5g) of the statutes is created to read:
225	225	5.05 (5g) NOTIFICATION OF DISQUALIFIED PROSPECTIVE JURORS. If the commission
226	226	receives a notification under s. 756.04 (11) (am), the commission shall examine the
227	227	registration list to determine if any prospective juror identified in the notification is
228	228	registered to vote or has voted. If the commission determines that a prospective juror
229	229	who is registered to vote or has voted does not have the necessary elector
230	230	qualifications or does not satisfy the residence requirements, the commission shall
231	231	remove the person's name from the registration list and send notice to the person and
232	232	to the district attorney or attorney general of the commission's action.
233	233	SECTION 2. 5.05 (12) of the statutes is amended to read:
234	234	5.05 (12) VOTER EDUCATION. The commission may conduct or prescribe
235	235	requirements for educational programs to inform electors about voting procedures,
236	236	voting rights, and voting technology. The commission shall conduct an educational
237	237	program for the purpose of educating electors who cast paper ballots, ballots that are
238	238	counted at a central counting location, and absentee ballots of the effect of casting
239	239	excess votes for a single office.
240	240	SECTION 3. 5.056 of the statutes is amended to read:
241	241	5.056 Matching program with secretary of transportation. The
242	242	commission administrator shall enter into the agreement with the secretary of
243	243	transportation specified under s. 85.61 (1) to match personally identifiable
244	244	information on the official registration list maintained by the commission under s.
245	245	6.36 (1) and the information specified in s. 6.34 (2m) with personally identifiable
246	246	information maintained by the department of transportation. The agreement shall
247	247	require the department of transportation to provide the commission access to
248	248	personally identifiable information maintained by the department of transportation
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276	276	SECTION 3
277	277	SENATE BILL 685
278	278	in order to verify that individuals on the official registration list are U.S. citizens.
279	279	The commission shall immediately verify the information on the list whenever an
280	280	individual registers to vote or modifies his or her registration.
281	281	SECTION 4. 5.057 of the statutes is created to read:
282	282	5.057 Determination of ineligibility to vote due to incompetency. (1)
283	283	(a) Upon receipt of a determination of ineligibility to vote under s. 54.25 (2) (c) 1. g.,
284	284	the commission shall, no later than one business day after receiving the
285	285	determination, change the status of the elector subject to the determination to
286	286	inactive on the official registration list under s. 6.36, note on the list that the elector
287	287	is ineligible to vote in accordance with s. 6.03 (3), and notify the elector's municipal
288	288	clerk of the elector's change in status.
289	289	(b) The commission shall include the elector determined to be ineligible to vote
290	290	under s. 54.25 (2) (c) 1. g. on the ineligible elector list. If the elector's right to vote
291	291	is restored, as provided under s. 54.64 (2) (c), after preparation of the ineligible
292	292	elector list, the elector may vote at the elector's polling place on election day if the
293	293	elector presents to the chief inspector documentation from the court under s. 54.64
294	294	(2) (c) showing that the court has restored the elector's right to vote. If the elector
295	295	presents such documentation to the chief inspector, the chief inspector shall note the
296	296	elector's change in status on the ineligible elector list. If the elector is unable to
297	297	present such documentation, the elector may cast a provisional ballot under s. 6.97,
298	298	but the ballot shall not be counted unless the elector provides the documentation
299	299	described under this paragraph to the polling place before the closing hour or to the
300	300	office of the municipal clerk or board of election commissioners no later than 4 p.m.
301	301	on the Friday after the election.
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327	327	SECTION 4 SENATE BILL 685
328	328	(2) If under s. 54.64 (2) (a) a court subsequently reviews a determination of
329	329	ineligibility to vote under s. 54.25 (2) (c) 1. g. and restores an elector's right to vote,
330	330	as provided under s. 54.64 (2) (c), upon receipt of the reviewing court's determination,
331	331	the commission shall, no later than one business day after receiving the
332	332	determination, change the status of the elector subject to the determination to active
333	333	on the official registration list under s. 6.36, note on the list that the elector is eligible
334	334	to vote in accordance with s. 6.03 (3), and notify the elector's municipal clerk of the
335	335	elector's change in status. The commission shall also remove the elector from the
336	336	ineligible elector list.
337	337	SECTION 5. 5.84 (1) of the statutes is amended to read:
338	338	5.84 (1) Where any municipality employs an electronic voting system which
339	339	that utilizes automatic tabulating equipment, either at the polling place or at a
340	340	central counting location, the municipal clerk shall, on any day not more than 10
341	341	days prior to the election day on which the equipment is to be utilized in an election,
342	342	have the equipment tested to ascertain that it will correctly count the votes cast for
343	343	all offices and on all measures. Public notice of the time and place of the test shall
344	344	be given by the clerk at least 48 hours prior to the test by posting notice on the
345	345	municipality's website if it has one and by publication of a class 1 notice under ch.
346	346	985 in one or more newspapers published within the municipality if a newspaper is
347	347	published therein, otherwise in a newspaper of general circulation therein. The test
348	348	shall be open to the public. The test shall be conducted by processing a preaudited
349	349	group of ballots so marked as to record a predetermined number of valid votes for
350	350	each candidate and on each referendum. The test shall include for each office one
351	351	or more ballots which have votes in excess of the number allowed by law and, for a
352	352	partisan primary election, one or more ballots which have votes cast for candidates
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380	380	SECTION 5
381	381	SENATE BILL 685
382	382	of more than one recognized political party, in order to test the ability of the
383	383	automatic tabulating equipment to reject such votes. If any error is detected, the
384	384	municipal clerk shall ascertain the cause and correct the error. The clerk shall make
385	385	an errorless count before the automatic tabulating equipment is approved by the
386	386	clerk for use in the election.
387	387	SECTION 6. 5.84 (2) of the statutes is amended to read:
388	388	5.84 (2) Before beginning the ballot count at each polling place or at the central
389	389	counting location, the election officials shall witness a test of the automatic
390	390	tabulating equipment by engaging the printing mechanism and securing a printed
391	391	result showing a zero count for every candidate and referendum. After the
392	392	completion of the count, the ballots and programs used shall be sealed and retained
393	393	under the custody of the municipal clerk in a secure location.
394	394	SECTION 7. 5.85 (1) of the statutes is amended to read:
395	395	5.85 (1) At any polling place at which an electronic voting system is utilized,
396	396	the following procedures for receiving, counting, tallying, and return of the ballots
397	397	shall be used. Whenever paper ballots are utilized at a polling place in combination
398	398	with ballots employed in an electronic voting system, the paper ballots shall be
399	399	deposited in a separate ballot box or boxes, according to the types of ballots used. For
400	400	the purpose of transporting the ballots or the record of the votes cast, the municipal
401	401	clerk shall provide a secure container for each polling place. At each polling place,
402	402	the applicable portions of the procedure prescribed for initiating the canvass under
403	403	s. 7.51 (1) and (2) shall be performed, except that no count of the ballots, except
404	404	write-in votes and paper ballots used for absentee voting and other purposes
405	405	authorized by law, may be performed at a polling place if a central counting location
406	406	is designated for the counting of ballots at that polling place by the municipality.
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433	433	SECTION 8 SENATE BILL 685
434	434	SECTION 8. 5.85 (5) of the statutes is repealed.
435	435	SECTION 9. 5.86 of the statutes is repealed.
436	436	SECTION 10. 5.87 (1) of the statutes is amended to read:
437	437	5.87 (1) If a central counting location is not utilized, the The procedure for
438	438	tabulating the votes by the automatic tabulating equipment shall be under the
439	439	direction of the chief inspector and shall conform to the requirements of the
440	440	automatic tabulating equipment. If any ballot is not accepted by the automatic
441	441	tabulating equipment, the election officials shall make a duplicate ballot to replace
442	442	that ballot in the manner prescribed in s. 5.85 (3). All proceedings at the polling place
443	443	and at any central counting location shall be open to the public, but no person, except
444	444	those employed and authorized for the purpose, may touch any ballot, container,
445	445	envelope, return, or equipment.
446	446	SECTION 11. 5.91 (17) of the statutes is amended to read:
447	447	5.91 (17) Unless the ballot is counted at a central counting location, it It
448	448	includes a mechanism for notifying an elector who attempts to cast an excess number
449	449	of votes for a single office that his or her votes for that office will not be counted, and
450	450	provides the elector with an opportunity to correct his or her ballot or to receive and
451	451	cast a replacement ballot.
452	452	SECTION 12. 6.15 (4) (a) of the statutes is amended to read:
453	453	6.15 (4) (a) Clerks holding new resident ballots shall deliver them to the
454	454	election inspectors in the proper ward or election district where the new residents
455	455	reside or, in municipalities where absentee ballots are canvassed under s. 7.52, to the
456	456	municipal board of absentee ballot canvassers when it convenes at a meeting
457	457	convened under s. 7.52 (1), as provided by s. 6.88 for absentee ballots.
458	458	SECTION 13. 6.15 (4) (b) of the statutes is amended to read:
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485	485	MPG/SWB/JK:cdc
486	486	SECTION 13
487	487	SENATE BILL 685
488	488	6.15 (4) (b) During polling hours, or on the day before the election under s. 6.88
489	489	(4), the inspectors shall open each carrier envelope, announce the elector's name,
490	490	check the affidavit for proper execution, and check the voting qualifications for the
491	491	ward, if any. In municipalities where absentee ballots are canvassed under s. 7.52,
492	492	the municipal board of absentee ballot canvassers shall perform this function at a
493	493	meeting of the board of absentee ballot canvassers.
494	494	SECTION 14. 6.29 (2) (am) of the statutes is amended to read:
495	495	6.29 (2) (am) The commission shall provide to each municipal clerk a list
496	496	prepared for use at each municipal clerk's office showing the name and address of
497	497	each person whose name appears on the list provided by the department of
498	498	corrections under s. 301.03 (20m) as ineligible to vote, or whose registration status
499	499	is inactive under s. 5.057 (1) (a), on the date of the election, whose address is located
500	500	in the municipality, and whose name does not appear on the registration list for that
501	501	municipality. Prior to permitting an elector to register to vote under this subsection,
502	502	the municipal clerk shall review the list. If the name of an elector who wishes to
503	503	register to vote appears on the list, the municipal clerk shall inform the elector that
504	504	the elector is ineligible to register to vote. If the elector maintains that he or she is
505	505	eligible to vote in the election, the municipal clerk shall permit the elector to register
506	506	to vote but shall mark the elector's registration form as “ineligible to vote per
507	507	Department of Corrections as a disqualified elector under s. 6.03." If the elector
508	508	wishes to vote, the municipal clerk shall challenge the elector's ballot in the same
509	509	manner as provided for inspectors who challenge ballots under s. 6.79 (2) (dm).
510	510	SECTION 15. 6.55 (2) (cs) of the statutes is amended to read:
511	511	6.55 (2) (cs) The commission shall provide to each municipal clerk a list
512	512	prepared for use at each polling place showing the name and address of each person
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538	538	MPG/SWB/JK:cdc
539	539	SECTION 15 SENATE BILL 685
540	540	whose name appears on the list provided by the department of corrections under s.
541	541	301.03 (20m) as ineligible to vote, or whose registration status is inactive under s.
542	542	5.057 (1) (a), on the date of the election, whose address is located in the area served
543	543	by that polling place, and whose name does not appear on the poll list for that polling
544	544	place. Prior to permitting an elector to register to vote under this subsection or s. 6.86
545	545	(3) (a) 2., the inspectors or election registration officials shall review the list. If the
546	546	name of an elector who wishes to register to vote appears on the list, the inspectors
547	547	or election registration officials shall inform the elector or the elector's agent that the
548	548	elector is ineligible to register to vote. If the elector or the elector's agent maintains
549	549	that the elector is eligible to vote in the election, the inspectors or election
550	550	registration officials shall permit the elector to register but shall mark the elector's
551	551	registration form as “ineligible to vote per Department of Corrections as a
552	552	disqualified elector under s. 6.03." If the elector wishes to vote, the inspectors shall
553	553	require the elector to vote by ballot and shall challenge the ballot as provided in s.
554	554	6.79 (2) (dm).
555	555	SECTION 16. 6.56 (3m) of the statutes is amended to read:
556	556	6.56 (3m) As soon as possible after all information relating to registrations
557	557	after the close of registration for an election is entered on the registration list
558	558	following the election under s. 6.33 (5) (a), the commission shall compare the list of
559	559	new registrants whose names do not appear on the poll lists for the election because
560	560	the names were added after the commission certified the poll lists for use at the
561	561	election with the list containing the names transmitted to the commission by the
562	562	department of corrections under s. 301.03 (20m) as of election day and with the
563	563	names provided in the notices of ineligibility received under s. 54.25 (2) (c) 1. g. If
564	564	the commission finds that the name of any person whose name appears on the list
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592	592	SECTION 16
593	593	SENATE BILL 685
594	594	transmitted under s. 301.03 (20m), or in a notice of ineligibility received under s.
595	595	54.25 (2) (c) 1. g., has been added to the registration list, the commission shall enter
596	596	on the list the information transmitted to the commission under s. 301.03 (20m) or
597	597	received under s. 54.25 (2) (c) 1. g. and shall notify the district attorney for the county
598	598	where the polling place is located that the person appears to have voted illegally at
599	599	the election.
600	600	SECTION 17. 6.79 (2) (dm) of the statutes is amended to read:
601	601	6.79 (2) (dm) If the poll list indicates that the elector is ineligible to vote because
602	602	the elector's name appears on the current list provided by the department of
603	603	corrections under s. 301.03 (20m) of ineligible electors, the inspectors shall inform
604	604	the elector of this fact. If the elector maintains that he or she is eligible to vote in the
605	605	election, the inspectors shall provide the elector with a ballot and, after the elector
606	606	casts his or her vote, shall challenge the ballot as provided in s. 6.92 and treat the
607	607	ballot in the manner provided in s. 6.95.
608	608	SECTION 18. 6.86 (1) (b) of the statutes is amended to read:
609	609	6.86 (1) (b) Except as provided in this section, if application is made by mail,
610	610	the application shall be received no later than 5 p.m. on the 5th day immediately
611	611	preceding the election. If application is made in person, the application shall be
612	612	made no earlier than 14 days preceding the election and no later than the Sunday
613	613	preceding the election. No application may be received on a legal holiday. A
614	614	municipality shall specify the hours in the notice under s. 10.01 (2) (e). The
615	615	municipal clerk or an election official shall witness the certificate for any in-person
616	616	absentee ballot cast. Except as provided in par. (c), if the elector is making written
617	617	application for an absentee ballot at the partisan primary, the general election, the
618	618	presidential preference primary, or a special election for national office, and the
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644	644	MPG/SWB/JK:cdc
645	645	SECTION 18 SENATE BILL 685
646	646	application indicates that the elector is a military elector, as defined in s. 6.34 (1), the
647	647	application shall be received by the municipal clerk no later than 5 p.m. on election
648	648	day. If the application indicates that the reason for requesting an absentee ballot is
649	649	that the elector is a sequestered juror, the application shall be received no later than
650	650	5 p.m. on election day. If the application is received after 5 p.m. on the Friday
651	651	immediately preceding the election, the municipal clerk or the clerk's agent shall
652	652	immediately take the ballot to the court in which the elector is serving as a juror and
653	653	deposit it with the judge. The judge shall recess court, as soon as convenient, and
654	654	give the elector the ballot. The judge shall then witness the voting procedure as
655	655	provided in s. 6.87 and shall deliver the ballot to the clerk or agent of the clerk who
656	656	shall deliver it to the polling place election inspectors of the proper ward or election
657	657	district or, in municipalities where absentee ballots are canvassed under s. 7.52, to
658	658	the municipal clerk as required in s. 6.88. If application is made under sub. (2) or
659	659	(2m), the application may be received no later than 5 p.m. on the Friday immediately
660	660	preceding the election.
661	661	SECTION 19. 6.87 (6) of the statutes is amended to read:
662	662	6.87 (6) The ballot shall be returned so it is delivered to the polling place
663	663	election inspectors of the proper ward or election district no later than 8 p.m. on
664	664	election day. Except in municipalities where absentee ballots are canvassed under
665	665	s. 7.52, if the municipal clerk receives an absentee ballot on election day, the clerk
666	666	shall secure the ballot and cause the ballot to be delivered to the polling place serving
667	667	the elector's residence before 8 p.m. Any ballot not mailed or delivered as provided
668	668	in this subsection may not be counted.
669	669	SECTION 20. 6.88 (1) of the statutes is amended to read:
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695	695	MPG/SWB/JK:cdc
696	696	SECTION 20
697	697	SENATE BILL 685
698	698	6.88 (1) When an absentee ballot arrives at the office of the municipal clerk,
699	699	or at an alternate site under s. 6.855, if applicable, the clerk shall enclose it,
700	700	unopened, in a carrier envelope which shall be securely sealed and endorsed with the
701	701	name and official title of the clerk, and the words “This envelope contains the ballot
702	702	of an absent elector and must be opened in the same room where votes are being cast
703	703	at the polls during polling hours on election day or, in municipalities where absentee
704	704	ballots are canvassed under s. 7.52, stats., at a meeting of the municipal board of
705	705	absentee ballot canvassers under s. 7.52, stats only as provided by law." If the elector
706	706	is a military elector, as defined in s. 6.34 (1), or an overseas elector, regardless of
707	707	whether the elector qualifies as a resident of this state under s. 6.10, and the ballot
708	708	was received by the elector by facsimile transmission or electronic mail and is
709	709	accompanied by a separate certificate, the clerk shall enclose the ballot in a
710	710	certificate envelope and securely append the completed certificate to the outside of
711	711	the envelope before enclosing the ballot in the carrier envelope. The clerk shall keep
712	712	the ballot in the clerk's office or at the alternate site, if applicable until delivered, as
713	713	required in sub. (2).
714	714	SECTION 21. 6.88 (2) of the statutes is amended to read:
715	715	6.88 (2) When an absentee ballot is received by the municipal clerk prior to the
716	716	delivery of the official ballots to the election officials of the ward in which the elector
717	717	resides or, where absentee ballots are canvassed under s. 7.52, to the municipal board
718	718	of absentee ballot canvassers, the municipal clerk shall seal the ballot envelope in
719	719	the carrier envelope as provided under sub. (1), and shall enclose the envelope in a
720	720	package and deliver the package to the election inspectors of the proper ward or
721	721	election district or, in municipalities where absentee ballots are canvassed under s.
722	722	7.52, to the municipal board of absentee ballot canvassers when it convenes at a
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749	749	SECTION 21 SENATE BILL 685
750	750	meeting convened under s. 7.52 (1). When the official ballots for the ward or election
751	751	district have been delivered to the election inspectors before the receipt of an
752	752	absentee ballot, the clerk shall immediately enclose the envelope containing the
753	753	absentee ballot in a carrier envelope as provided under sub. (1) and deliver it in
754	754	person to the proper election officials.
755	755	SECTION 22. 6.88 (4) of the statutes is created to read:
756	756	6.88 (4) (a) 1. The governing body of any municipality not specified in s. 7.52
757	757	(1) (a) may provide by ordinance that absentee ballots received by the municipal clerk
758	758	may be canvassed on the day before the election.
759	759	2. Prior to enacting an ordinance under subd. 1., the municipal clerk shall
760	760	notify the commission in writing of the proposed enactment and shall consult with
761	761	the commission concerning administration of this subsection.
762	762	(am) In any municipality having an ordinance under par. (a), subject to pars.
763	763	(b) to (f), the election inspectors may convene a meeting to begin canvassing absentee
764	764	ballots beginning at 7 a.m. on the day before the election.
765	765	(b) The municipal clerk shall give at least 60 days' notice of a meeting under
766	766	this subsection. Any member of the public has the same right of access to observe
767	767	the proceedings at a meeting under this subsection that the individual would have
768	768	under s. 7.41. The election inspectors may order the removal of any individual
769	769	exercising the right to observe the proceedings if the individual disrupts the meeting.
770	770	(c) 1. At 7 a.m., noon, and 8 p.m. on the day before the election, and at 7 a.m.,
771	771	noon, and 8 p.m. on election day, the municipal clerk or his or her designee or
772	772	municipal board of election inspectors shall provide to the county clerk of the county
773	773	in which the municipality is located or the county board of election inspectors a
774	774	statement that shows the total number of absentee ballots returned to the
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802	802	SECTION 22
803	803	SENATE BILL 685
804	804	municipality and the total number of absentee ballots the election inspectors have
805	805	canvassed under this subsection. The county clerk or county board of election
806	806	inspectors shall promptly post each statement on the website on which returns for
807	807	the county are posted on election night under s. 7.60. In a municipality having a
808	808	municipal board of election inspectors, the statement required under this paragraph
809	809	shall also be posted on the website maintained by the municipal board of election
810	810	inspectors. The statement may not include the names or addresses of any electors.
811	811	2. An absentee ballot shall be considered canvassed for purposes of subd. 1. only
812	812	after all tasks have been completed in the canvassing process except for the tallying
813	813	of votes.
814	814	(d) When the meeting of the election inspectors recesses on the day before the
815	815	election, the election inspectors shall secure the automatic tabulating equipment,
816	816	and the areas where the programmed media, memory devices, and absentee ballots
817	817	are housed, with tamper-evident security seals in a double-lock location such as a
818	818	locked cabinet inside a locked office. Before resuming the canvassing of absentee
819	819	ballots on election day, the election inspectors shall check and record the status of
820	820	each tamper-evident seal. The election inspectors shall immediately notify the
821	821	commission of any evidence of tampering. If the election inspectors discover evidence
822	822	of tampering with respect to automatic tabulating equipment, the canvass may not
823	823	resume until the equipment is replaced and the replacement equipment is tested as
824	824	provided in s. 5.84, except that public notice need not be provided 48 hours prior to
825	825	the test. If the election inspectors discover evidence of tampering under this
826	826	paragraph, the commission shall verify the accuracy of the absentee ballot count in
827	827	the municipality in the election by doing all of the following:
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852	852	MPG/SWB/JK:cdc
853	853	SECTION 22 SENATE BILL 685
854	854	1. Ordering the municipality to conduct a recount after the election of all
855	855	absentee ballots cast in the municipality in the election. The commission's order
856	856	shall establish procedures for the recount consistent with s. 9.01.
857	857	2. Auditing the election equipment in the same manner as audits are conducted
858	858	under s. 7.08 (6).
859	859	(e) Votes on absentee ballots canvassed under this subsection may not be tallied
860	860	until after the polls close on election day.
861	861	(f) No person may intentionally act in a manner that would give him or her the
862	862	ability to know or to provide information on the tallied results from the ballots
863	863	canvassed under this subsection before the polls close on election day. Whoever
864	864	intentionally violates this paragraph is guilty of a Class I felony.
865	865	(g) An ordinance under par. (a) may not take effect less than 60 days before an
866	866	election.
867	867	SECTION 23. 7.03 (1) (c) of the statutes is repealed.
868	868	SECTION 24. 7.15 (1) (cm) of the statutes is amended to read:
869	869	7.15 (1) (cm) Prepare official absentee ballots for delivery to electors requesting
870	870	them, and except as provided in this paragraph, send an official absentee ballot to
871	871	each elector who has requested a ballot by mail, and to each military elector, as
872	872	defined in s. 6.34 (1), and overseas elector who has requested a ballot by mail,
873	873	electronic mail, or facsimile transmission, no later than the 47th 45th day before
874	874	each partisan primary, presidential preference primary, special primary or election,
875	875	and general election and no later than the 21st day before each other primary and
876	876	election if the request is made before that day; otherwise, the municipal clerk shall
877	877	send or transmit an official absentee ballot within one business day of the time the
878	878	military or overseas elector's request for such a ballot is received. The clerk shall
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906	906	SECTION 24
907	907	SENATE BILL 685
908	908	send or transmit an absentee ballot for the presidential preference primary to each
909	909	elector who has requested that to all other electors requesting a ballot no later than
910	910	the 47th 21st day before the presidential preference primary or election if the request
911	911	is made before that day, or, if the request is not made before that day, within one
912	912	business day of the time the request is received. For purposes of this paragraph,
913	913	“business day" means any day from Monday to Friday, not including a legal holiday
914	914	under s. 995.20.
915	915	SECTION 25. 7.15 (16) of the statutes is created to read:
916	916	7.15 (16) ELECTION NIGHT REPORTING. (a) At 9 p.m. on election night, and every
917	917	hour thereafter until the canvass is complete, the municipal clerk or his or her
918	918	designee shall provide to the county clerk of the county in which the municipality is
919	919	located a statement that shows the total number of ballots, including absentee
920	920	ballots, cast at the municipality in the election, the total number of ballots, including
921	921	absentee ballots, that have been canvassed, and the total number of ballots,
922	922	including absentee ballots, that remain to be canvassed. The county clerk shall
923	923	promptly post each statement on the website on which the county posts returns on
924	924	election night under s. 7.60. In a 1st class city, the municipal clerk shall post the
925	925	statement required under this subsection on the clerk's website. The statement may
926	926	not include the names or addresses of any electors.
927	927	(b) An absentee ballot may be considered canvassed for purposes of par. (a) only
928	928	after all tasks have been completed in the canvassing process except for the tallying
929	929	of votes.
930	930	SECTION 26. 7.37 (12) of the statutes is amended to read:
931	931	7.37 (12) CANVASSERS. The election inspectors shall constitute the board of
932	932	canvassers of their polling place and in that capacity shall perform the duties under
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958	958	MPG/SWB/JK:cdc
959	959	SECTION 26 SENATE BILL 685
960	960	s. 7.51, except as otherwise designated by the municipal clerk under ss. s. 5.85 and
961	961	5.86.
962	962	SECTION 27. 7.51 (1) of the statutes is amended to read:
963	963	7.51 (1) CANVASS PROCEDURE. Immediately after the polls close the inspectors
964	964	except any inspector appointed under s. 7.30 (1) (b) shall proceed to canvass publicly
965	965	all votes received at the polling place. In any municipality where an electronic voting
966	966	system is used, the municipal governing body or board of election commissioners may
967	967	provide or authorize the municipal clerk or executive director of the board of election
968	968	commissioners to provide for the adjournment of the canvass to one or more central
969	969	counting locations for specified polling places in the manner prescribed in subch. III
970	970	of ch. 5. No central counting location may be used to count votes at a polling place
971	971	where an electronic voting system is not employed. The canvass, whether conducted
972	972	at the polling place or at a central counting location, shall continue without
973	973	adjournment until the canvass of all ballots cast and received on or before election
974	974	day is completed and the return statement is made or, in municipalities where
975	975	absentee ballots are canvassed under s. 7.52, until the canvass of all absentee ballots
976	976	cast and received on or before election day is completed and the return statement for
977	977	those ballots is made. The inspectors shall not permit access to the name of any
978	978	elector who has obtained a confidential listing under s. 6.47 (2) during the canvass,
979	979	except as authorized in s. 6.47 (8).
980	980	SECTION 28. 7.52 (1) (a) of the statutes is renumbered 7.52 (1) (a) 1. and
981	981	amended to read:
982	982	7.52 (1) (a) 1. The governing body of any municipality may provide by ordinance
983	983	that, in lieu of canvassing absentee ballots at polling places under s. 6.88, the
984	984	municipal board of absentee ballot canvassers designated under s. 7.53 (2m) shall,
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1012	1012	SECTION 28
1013	1013	SENATE BILL 685
1014	1014	at each election held in the municipality, canvass all absentee ballots received by the
1015	1015	municipal clerk by 8 p.m. on election day. Prior to enacting an ordinance under this
1016	1016	subsection subdivision, the municipal clerk or board of election commissioners of the
1017	1017	municipality shall notify the elections commission in writing of the proposed
1018	1018	enactment and shall consult with the elections commission concerning
1019	1019	administration of this section. At Except as provided under par. (h), at every election
1020	1020	held in the municipality following enactment of an ordinance under this subsection
1021	1021	subdivision, the board of absentee ballot canvassers shall, any time after the opening
1022	1022	of the polls and before 10 p.m. on election day, publicly convene at 7 a.m. on the day
1023	1023	before the election to count the begin the canvass of absentee ballots for the
1024	1024	municipality and may not recess until 8 p.m. on that day, or at such time when there
1025	1025	are no further absentee ballots to be processed on that day, whichever is earlier, at
1026	1026	which time the meeting shall recess; the meeting shall reconvene at 7 a.m. on election
1027	1027	day and continue until all absentee ballots received by the municipal clerk by 8 p.m.
1028	1028	on election day have been canvassed.
1029	1029	2. The municipal clerk shall give at least 48 hours' 60 days' notice of any the
1030	1030	meeting under this subsection. Any member of the public has the same right of
1031	1031	access to a meeting of the municipal board of absentee ballot canvassers under this
1032	1032	subsection that the individual would have under s. 7.41 to observe the proceedings
1033	1033	at a polling place. The board of absentee ballot canvassers may order the removal
1034	1034	of any individual exercising the right to observe the proceedings if the individual
1035	1035	disrupts the meeting.
1036	1036	SECTION 29. 7.52 (1) (d) to (h) of the statutes are created to read:
1037	1037	7.52 (1) (d) 1. At 7 a.m., noon, and 8 p.m. on the day before the election, and
1038	1038	at 7 a.m., noon, and 8 p.m. on election day, the municipal clerk or his or her designee
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1065	1065	SECTION 29 SENATE BILL 685
1066	1066	or municipal board of election inspectors shall provide to the county clerk of the
1067	1067	county in which the municipality is located or the county board of election inspectors
1068	1068	a statement that shows the total number of absentee ballots returned to the
1069	1069	municipality and the total number of absentee ballots the municipal board of
1070	1070	absentee ballot canvassers has canvassed under this subsection. The county clerk
1071	1071	or county board of election inspectors shall promptly post each statement on the
1072	1072	website on which returns for the county are posted on election night under s. 7.60.
1073	1073	In a municipality having a municipal board of election inspectors, the statement
1074	1074	required under this paragraph shall also be posted on the website maintained by the
1075	1075	municipal board of election inspectors. The statement may not include the names
1076	1076	or addresses of any electors.
1077	1077	2. An absentee ballot shall be considered canvassed for purposes of subd. 1. only
1078	1078	after all tasks have been completed in the canvassing process except for the tallying
1079	1079	of votes.
1080	1080	(e) When the meeting of the board of absentee ballot canvassers recesses on the
1081	1081	day before the election, the board of absentee ballot canvassers shall secure the
1082	1082	automatic tabulating equipment, and the areas where the programmed media,
1083	1083	memory devices, and absentee ballots are housed, with tamper-evident security
1084	1084	seals in a double-lock location such as a locked cabinet inside a locked office. Before
1085	1085	resuming the canvassing of ballots on election day, the board of absentee ballot
1086	1086	canvassers shall check and record the status of each tamper-evident seal. The board
1087	1087	of absentee ballot canvassers shall immediately notify the commission of any
1088	1088	evidence of tampering. If the board of absentee ballot canvassers discovers evidence
1089	1089	of tampering with respect to automatic tabulating equipment, the canvass may not
1090	1090	resume until the equipment is replaced and the replacement equipment is tested as
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1118	1118	SECTION 29
1119	1119	SENATE BILL 685
1120	1120	provided in s. 5.84, except that public notice need not be provided 48 hours prior to
1121	1121	the test. If the board of absentee ballot canvassers discovers evidence of tampering
1122	1122	under this paragraph, the commission shall verify the accuracy of the absentee ballot
1123	1123	count in the municipality in the election by doing all of the following:
1124	1124	1. Ordering the municipality to conduct a recount after the election of all
1125	1125	absentee ballots cast in the municipality in the election. The commission's order
1126	1126	shall establish procedures for the recount consistent with s. 9.01.
1127	1127	2. Auditing the election equipment in the same manner as audits are conducted
1128	1128	under s. 7.08 (6).
1129	1129	(f) Votes on absentee ballots canvassed under this section may not be tallied
1130	1130	until after the polls close on election day.
1131	1131	(g) No person may intentionally act in a manner that would give him or her the
1132	1132	ability to know or to provide information on the tallied results from the ballots
1133	1133	canvassed under this section before the polls close on election day. Whoever
1134	1134	intentionally violates this paragraph is guilty of a Class I felony.
1135	1135	(h) Canvassing absentee ballots on the day before the election under this
1136	1136	section is optional except for each spring and general election and each special
1137	1137	election or recall election if the special or recall election is for a state or national office.
1138	1138	SECTION 30. 7.52 (2) of the statutes is amended to read:
1139	1139	7.52 (2) In counting the absentee ballots, the board of absentee ballot
1140	1140	canvassers shall use 2 duplicate copies of a single poll list for the entire municipality
1141	1141	prepared in accordance with s. 6.36 (2). Upon accepting reviewing each absentee
1142	1142	ballot certificate envelope to ensure that it satisfies all applicable legal
1143	1143	requirements, the board of absentee ballot canvassers shall enter a poll list
1144	1144	sequential count number on the poll list next to the name of the elector who voted
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1171	1171	SECTION 30 SENATE BILL 685
1172	1172	the ballot, beginning with the number one. If the elector's name does not appear on
1173	1173	the poll list, the board of absentee ballot canvassers shall enter the number on a
1174	1174	separate list maintained under this subsection. The board of absentee ballot
1175	1175	canvassers shall record each elector's sequential count number on the face of the
1176	1176	elector's certificate envelope.
1177	1177	SECTION 31. 7.52 (3) (a) of the statutes is amended to read:
1178	1178	7.52 (3) (a) The board of absentee ballot canvassers shall first open the carrier
1179	1179	envelope only, and, in such a manner that a member of the public, if he or she desired,
1180	1180	could hear, announce the name of the absent elector or the identification serial
1181	1181	number of the absent elector if the elector has a confidential listing under s. 6.47 (2).
1182	1182	When the board of absentee ballot canvassers finds that the certification has been
1183	1183	properly executed and the applicant is a qualified elector of the ward or election
1184	1184	district, the board of absentee ballot canvassers shall enter an indication, including
1185	1185	the elector's sequential count number as provided under sub. (2), on the poll list next
1186	1186	to the applicant's name indicating an absentee ballot is cast by the elector. The board
1187	1187	of absentee ballot canvassers shall then open the envelope containing the ballot in
1188	1188	a manner so as not to deface or destroy the certification thereon. The board of
1189	1189	absentee ballot canvassers shall take out the ballot without unfolding it or
1190	1190	permitting it to be unfolded or examined and shall remove the ballot from the
1191	1191	certificate envelope without viewing who the elector voted for. Unless the ballot is
1192	1192	cast under s. 6.95, the board of absentee ballot canvassers shall verify that the ballot
1193	1193	has been endorsed by the issuing clerk. If the poll list indicates that proof of
1194	1194	residence is required and no proof of residence is enclosed or the name or address on
1195	1195	the document that is provided is not the same as the name and address shown on the
1196	1196	poll list, the board of absentee ballot canvassers shall proceed as provided under s.
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1224	1224	SECTION 31
1225	1225	SENATE BILL 685
1226	1226	6.97 (2). The board of absentee ballot canvassers shall mark the poll list number of
1227	1227	each elector who casts an absentee ballot on the back of the elector's ballot. The board
1228	1228	of absentee ballot canvassers shall then deposit the ballot into the proper ballot box
1229	1229	and enter the absent elector's name or poll list number after his or her name on the
1230	1230	poll list or automatic tabulating equipment.
1231	1231	SECTION 32. 7.52 (4) (a) of the statutes is amended to read:
1232	1232	7.52 (4) (a) The board of absentee ballot canvassers shall then open the ballot
1233	1233	box and remove and count the number of ballots therein without examination except
1234	1234	as is necessary to ascertain that each is a single ballot. If 2 or more ballots are folded
1235	1235	together so as to appear as a single ballot, the board of absentee ballot canvassers
1236	1236	shall lay them aside until the count is completed; and if, after a comparison of the
1237	1237	count and the appearance of the ballots it appears to the board of absentee ballot
1238	1238	canvassers that the ballots folded together were voted by the same person they shall
1239	1239	not be counted but the board of absentee ballot canvassers shall mark them as to the
1240	1240	reason for removal, set them aside, and carefully preserve them. The board of
1241	1241	absentee ballot canvassers shall then proceed under par. (b).
1242	1242	SECTION 33. 7.52 (9) of the statutes is amended to read:
1243	1243	7.52 (9) The governing body of any municipality that has provided by ordinance
1244	1244	enacted under sub. (1) (a) 1. for the canvassing of absentee ballots at all elections held
1245	1245	in the municipality under this section may by similar action rescind that decision.
1246	1246	Thereafter, the absentee ballots at all elections held in the municipality shall be
1247	1247	canvassed as provided in s. 6.88.
1248	1248	SECTION 34. 7.52 (10) of the statutes is created to read:
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1273	1273	SECTION 34 SENATE BILL 685
1274	1274	7.52 (10) A member of the board of absentee ballot canvassers or other election
1275	1275	official who willfully neglects or refuses to perform any of the duties prescribed under
1276	1276	this section is guilty of a Class I felony.
1277	1277	SECTION 35. 7.52 (11) of the statutes is created to read:
1278	1278	7.52 (11) An ordinance under sub. (1) may not take effect less than 60 days
1279	1279	before an election.
1280	1280	SECTION 36. 54.25 (2) (c) 1. g. of the statutes is amended to read:
1281	1281	54.25 (2) (c) 1. g. The right to register to vote or to vote in an election, if the court
1282	1282	finds that the individual is incapable of understanding the objective of the elective
1283	1283	process. Also, in accordance with s. 6.03 (3), any elector of a municipality may
1284	1284	petition the circuit court for a determination that an individual residing in the
1285	1285	municipality is incapable of understanding the objective of the elective process and
1286	1286	thereby ineligible to register to vote or to vote in an election. This determination
1287	1287	shall be made by the court in accordance with the procedures specified in this
1288	1288	paragraph. If a petition is filed under this subd. 1. g., the finding of the court shall
1289	1289	be limited to a determination as to voting eligibility. The appointment of a guardian
1290	1290	is not required for an individual whose sole limitation is ineligibility to vote. The No
1291	1291	later than one business day after the date of a determination, the court shall notify
1292	1292	the elections commission by electronic means of the determination of the court. In
1293	1293	addition, the determination of the court shall be communicated in writing by the
1294	1294	clerk of court to the election official or agency charged under s. 6.48, 6.92, 6.925, 6.93,
1295	1295	or 7.52 (5) with the responsibility for determining challenges to registration and
1296	1296	voting that may be directed against that elector. The determination may be reviewed
1297	1297	as provided in s. 54.64 (2) and. The court shall notify election official or agency
1298	1298	charged under s. 6.48, 6.92, 6.925, 6.93, or 7.52 (5) with the responsibility for
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1326	1326	SECTION 36
1327	1327	SENATE BILL 685
1328	1328	determining challenges to registration and voting that may be directed against that
1329	1329	elector of any subsequent determination of the court shall be likewise communicated
1330	1330	by the clerk of court no later than one business day after the determination. All
1331	1331	notices provided under this subd. 1. g. shall include the full name; address, including
1332	1332	city, state, and zip code; and date of birth of the individual subject to the
1333	1333	determination. If the court appoints a guardian for an individual who is ineligible
1334	1334	to vote, the guardian shall report an address change for the individual to the court
1335	1335	within 10 business days of the change and the court shall notify the elections
1336	1336	commission by electronic means of that address change using the methods described
1337	1337	in this subd. 1. g. no later than one business day after receiving the information.
1338	1338	SECTION 37. 66.0512 of the statutes is created to read:
1339	1339	66.0512 Whistleblower protection for certain disclosures made by
1340	1340	municipal clerks. No municipal clerk may be discharged, disciplined, demoted, or
1341	1341	otherwise discriminated against in regard to employment, or threatened with any
1342	1342	such treatment, as a reprisal because the clerk lawfully reported, or is believed to
1343	1343	have reported, witnessing what the clerk reasonably believed to be election fraud or
1344	1344	irregularities. For purposes of this section, “lawfully reported” means a report of
1345	1345	information the disclosure of which is not expressly prohibited by state or federal law,
1346	1346	rule, or regulation.
1347	1347	SECTION 38. 756.04 (11) (am) of the statutes is created to read:
1348	1348	756.04 (11) (am) Notwithstanding par. (a), each clerk of circuit court shall
1349	1349	notify the appropriate county clerk or board of election commissioners and the
1350	1350	elections commission of any prospective juror included on the list of prospective
1351	1351	jurors received by the clerk of circuit court under sub. (3m) whose returned juror
1352	1352	qualification form shows that the person is not qualified for jury service in that
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1379	1379	SECTION 38 SENATE BILL 685
1380	1380	circuit under s. 756.02 because the person either is not a U.S. citizen or does not live
1381	1381	in the circuit for which he or she was called for jury duty. The clerk of circuit court
1382	1382	shall determine the appropriate county clerk or board of election commissioners for
1383	1383	notification under this paragraph on the basis of the address information used for
1384	1384	mailing the juror qualification forms. Unless otherwise ordered by a court upon a
1385	1385	showing of good cause, notifications provided under this paragraph shall be kept
1386	1386	confidential and are not subject to the right of inspection and copying under s. 19.35
1387	1387	(1).
1388	1388	SECTION 39.0Nonstatutory provisions.
1389	1389	(1) CITIZENSHIP VERIFICATION. The elections commission shall verify the
1390	1390	citizenship of all electors on the official registration list as soon as practicable after
1391	1391	the effective date of this subsection using the information provided by the
1392	1392	department of transportation under s. 5.056.
1393	1393	(END)
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